To ask for advice on renting.

[DitheringBlidiot]

Long story, but I'll try to keep it short. Landlord recently wrote to me saying he was selling up and gave us 2 months notice. I found another property I liked and could afford, which is rare here so decided to get the ball rolling with that one. I aim to move in on 1st September.

Landlord then wrote again and said the estate agent has gone bust and taken 3 months rent and all deposits so not to pay him anymore money. The deposit should have been held by one of the 3 schemes but they have no record of it.

The new estate agent has written asking when will be convenient to come and look at the flat to take pictures. I'm not in a contract with them and feel that they should come once Ives moved out. Aibu to say this? The whole thing is a mess! Any advise would be gratefully received

I think you may have the right to sue your landlord for your deposit in small claims court. As to the new estate agent, tell them to sling their hook. You owe them nothing. You have no contract with them. They can wait till you are out to photograph the place if you don't want your personal belongings in your flat all over the internet. It's not your job to assist them in selling the place.

Woah. So much wrong here. Firstly I am a landlord. And hopefully a good one.

Your deposit is 3 months rent? That seems incredibly high ( and no longer legal). When you paid the deposit they should have registered it into the government scheme and you would have received a confirmation letter and email with all these details. If not they were breaking the law.

As for the new agent. You don't have to let them in your house. You have the right to peaceful enjoyment of the property, although they may throw their weight around given the change of contract holder. I don't think In your circumstances this should matter.

Tell them you'll allow access only if you want to.

Well firstly you need to discuss what’s going to happen with your deposit - priority

Then how your landlord decides to deal with that would make me decide how helpful I was going to be.

He can’t just shrug his shoulders and say the deposit isn’t his problem. It is!

You should have a record of your deposit protecting scheme? We had a separate letter to notify us about it.

I didn't get a letter or email from the DPS, I, realise now that I should have but wasn't aware of that at the time. I gather that the landlord is now liable for giving those funds back, am not in a position to pay to go to small claims court.

My first priority is obviously the deposit, but I don’t want to go in all guns blazing before I know what the landlord is really like. Will email the new estate agent and say they can come and view the property when we have left though. That will be one less thing to worry about

So has the old estate agent take 3 months rent instead of the 2 which would be your notice period? Your LL has given you 2 months notice, you pay 2 months rent, take infentory and have your deposit returned to you.

The estate agent appears to have fallen off the face of the earth. They don’t even have a website as of today! Have been paying him rent but apparently he kept the last 3 months worth and it never got to the landlord. The deposit never got to the DPS either.

Cost of small claims court is minimal and the landlord could be liable for 3 times the deposit - it is their responsibility, not the agents. england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_compensation_claims

I would contact Citizens Advice, rent and deposit will be treated differently but essentially you have done nothing wrong.

www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit

england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_protection_rules

Thank you, those links were very helpful. I will write to the landlord in the morning explaining the situation re: deposit. I’m also going to compile evidence of rent paying!

I don’t know if it makes a difference but no inventory was ever taken due to an admin error. Went to pick up the keys and people from the office hadn’t communicated. Moved into the house and no inventory was taken - cleaner came the next day. The letter from the landlord says “thank you for taking care of the flat” though!

I don't think it is unreasonable for someone else to come and look at the flat while you are still an occupant. If you don't mind people being there and seeing your things, you could stipulate a preference for viewings to take place when you're at work wherever possible.

This isn't your landlord's fault, he'll undoubtedly try and pay you back your deposit but he has to recover his money first and they may take ages or not happen.

It's a shame this has happened to you. Best of luck in your next place.

I’ve got no issue with viewings, but I’m not comfortable with pictures of my things on the internet. He wants to come and take photos for sale rather than showing new tenants.

Not for one minute saying it is his fault, I fell bad for him but I feel worse for me haha! £800 odd is not a small amount of money for me, have had to call in favours to get money for the new place and was banking in getting at least some of the deposit back.

If the deposit was never put in the protection scheme it absolutely is the LL fault, particularly if you were told it was. It was never his money to retrieve, it was a refundable deposit against damage (I assuming there isn't any)and you need it back!

A) Your LL is the one who is responsible for ensuring your deposit it placed in a protection scheme and he is also liable for returning the deposit.

B) As the deposit was not protected the LL can not make any deductions what so ever from the deposit.

C) As the LL has not protected your deposit, you can sue him for up to three times your deposit amount.

D) You do not have to allow any viewings what so ever whilst you're still a tenant.